Mzizi v The State

The applicant was convicted in the Mmabatho High Court of the murder of Captain Tatisi, a police officer who was shot and killed during a foot pursuit of a suspect on 10 December 1998. The applicant was identified as the suspect by police witnesses and by his former girlfriend, who testified that he admitted shooting the deceased. As the deceased was being placed into a vehicle after being shot, he uttered the words “That’s Gugu”, a nickname by which the applicant was known. The applicant was sentenced to 30 years’ imprisonment. Leave to appeal was refused in 2003. Years later, the applicant brought late applications to the Supreme Court of Appeal for leave to appeal, condonation, further special entries under s 317 of the Criminal Procedure Act 51 of 1977, and permission to adduce further evidence.

Condonation was refused and the matter was struck off the roll.

The case is significant for its clear restatement of the test for condonation in criminal appeals and its application of ss 317, 318 and 322 of the Criminal Procedure Act. It confirms that appellate courts will not interfere with convictions or sentences where alleged irregularities do not result in a failure of justice, and underscores the importance of finality in criminal proceedings.